Q&A Should we leave our daughter her disabled brother’s inheritance to look after?

Q:        Our disabled son lives in assisted care. He enjoys a full life and even has a little paid job. He loves shopping for new clothes, but always needs someone with him as he does not really understand money. Which brings us to the question of how best to provide for him when we are gone? His sister is devoted to him, so we could leave his share of their inheritance in her care, and she would ensure he did not squander it or was taken advantage of. Could something be written into our Wills to this effect?

A:        This would not be a good idea, for a number of reasons. Firstly, anything you leave to your daughter would in the eyes of the law be hers and hers alone. Secondly, you do not know what the future holds for your daughter and her future life could affect your son’s access to his due inheritance. For example, should your daughter marry or divorce, or have children, or if she or her spouse died, your son’s inheritance could be swallowed up or go to other people. Whatever the scenario, any monies she had would be classed as hers and could potentially be lost.

The only way to fully protect an inheritance for your son is to set up a Trust for him. This can either be created in your Will so that it commences upon your death, or you could set it up in your lifetime and it could begin immediately. If you chose the latter, you could leave further monies to the Trust in your Will. You should appoint at least two Trustees to administer the Will Trust, and they will be legally bound to act in your son’s best interests when making decisions about his money, including any investments they made with it. A solicitor can go through all your options and help you choose the best one to suit your and your son’s circumstances.

This question has been answered by Ulia Choudhry, a Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter it is still possible, and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients.  Where possible, we ask that you communicate with us by phone or email. If you have a new enquiry or for an appointment visit www.ghplegal.com or contact one of our offices: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194 

 

Ulia Choudhry

Ulia Choudhry

Partner

A Partner who specialises in Probate, Wills, Trusts and Tax and is based in Wrexham